Procedure for getting a decree of divorce by mutual consent
Step 1: Filing a Divorce Petition
A mutual divorce procedure filing of a divorce petition, which may be filed at any of the following places;
- Court where the couple last lived
- Court where the couple’s marriage was solemnized
- The court in the area where the wife currently resides
The divorce petition must be filed jointly by the concerned parties, and the notice is served to the family court by both parties.
The grounds for divorce is that the spouses feel they cannot live with each other anymore, and hence, have agreed mutually to dissolve their marriage.
The joint petition must be signed by both parties involved.
Step 2: Court hearing and inspection
The court will go over the petition and all the supporting documents presented as proof before the court. It may also try to bring reconciliation, and if this is not possible, the mutual divorce procedure continues.
Step 3: Statement Records
After scrutinizing the petition, if the court passes an order to record the party’s statements on oath.
Step 4: First Motion
After recording their statements, the court passes the first motion. Following this, the couple has to wait for 6 months before they file the second motion. However, the second motion must be submitted at least before 18 months after passing the first motion
Six month cooling period may be waived off if parties were living seprete for one year.
Step 5: Second Motion and Final Hearing
Once you file the second motion, you can go ahead with the final hearing before the court.
The final hearing includes both parties stating their case, and the court recording their statements on oath in the family court.
Also, recently, the SC finds that the 6-months interim period can avoid if the court wishes it to be.
Courts do so if they feel both parties are sure about the divorce, and also if there are no issues related to alimony, child custody, or property.
Step 6: Divorce Decree
Once the couple state that they do not have any differences in matters concerning alimony, child custody, or sharing of property, the mutual divorce procedure reaches the final stage.
Therefore, the couple must reach an agreement for the court to take a final decision.
With the court’s satisfaction, it passes a decree of divorce, which declares that the marriage is dissolved, and this makes the divorce final.